No maintenance can be claimed for an unborn foetus as it is currently not in existence, a Delhi court has said while denying a pregnant woman's plea seeking interim relief from her estranged husband in a domestic violence case.
Metropolitan Magistrate Shivani Chauhan dismissed the application of the woman seeking interim maintenance of Rs 30,000 per month from her husband as expenses for her unborn child and for the period subsequent to its birth, saying no domestic violence can be committed upon a child that is yet to be born.
"An unborn foetus is not covered within the definition of a 'child'. As the child has not yet been born, no domestic violence can be committed upon it.
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"No maintenance can be claimed on behalf of a person who is not in existence on the date of filing of the application," the magistrate said.
While dismissing the application, the court accepted the contention of the woman's husband, a resident of South Delhi, that his income was lesser than the woman who was concealing some of her income from it.
"The medical expenses of the complainant (woman) and her family, including expenses to be incurred on the delivery of the child, are already covered by the employer of the woman... application of woman under Protection of Women from Domestic Violence (PWDV) Act is dismissed," the court said.
